fy-2016 fy-2017 - saint paul, minnesota · fy-2016 fy-2017 chief todd axtell st. paul police...

Saint Paul Police Department

Police Use-of-Force Incidents

Summary Report

FY-2016FY-2017

Chief Todd AxtellST. PAUL POLICE Trusted service with respect

February 15, 2019

Dear Community Partners:

On behalf of the women and men of the Saint Paul Police Department, I present the first ever use-of-force report published by the Saint Paul Police Department. I would like to thank Mayor Melvin Carter and our City Council for their support, high expectations and willingness to assist us in delivering the trusted service with respect that you have come to expect from us every day.

Last year, the Saint Paul Police Department created a draft use-of-force policy. We invited the public to review and comment. We specifically asked for your feedback as we sought to implement a use-of-force policy that truly represents our shared values.

Throughout that process, we listened and incorporated dozens of your ideas and suggestions into the final version of the policy, which is in effect today. We also heard that you wanted to know more about the department use-of-force trends to determine what impact the new policy would make.

The data presented in this report was collected from several sources and did not exist before this report was created. Due to limitations related to types of the data we are able to collect, the report focuses on three distinct use-of-force areas:

• physical force applications • firearms pointing incidents, and • firearm discharges at a person

In the coming months, I look forward to the department publishing a similar report that captures use-of-force incidents occurring in 2018. The department is finalizing its work on implementing a new records management system that will go live in 2019. This new system will allow the department to collect and report more comprehensive data related to use-of-force incidents.

Thank you for the continued support of your police department as we work to constantly live up to our pledge to deliver trusted service with respect each and every day.

Respectfully,

Todd AxtellCHIEF OF POLICE

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Quick Facts and FindingsThe Saint Paul Police Department is committed to providing trusted service with respect in all of the policing services it provides. The department is also committed to building trust with its community.

The purpose of this report is to further our commitment to transparency by sharing our findings on police use-of-force incidents in Saint Paul. The collection of data in this report did not previously exist in this format and was gathered using several sources of information and by reading individual reports describing incidents that occurred in 2016 and 2017.

Key findings include:

DATA NOTE: The data and tables being shared in this report are the police department’s best effort to show and understand the data that has been collected. While reviewing the information, please note:

• Nine officers were involved in four officer-involved shooting incidents in 2016 and 2017 combined. In each of the four incidents, the independent investigation found the subject was either pointing a firearm or shooting a firearm at officers at the time the officers discharged their firearms. All four subjects sustained fatal injuries.

• Subjects of force were not injured in 77 percent of cases in both 2016 and 2017. Combined with minor injuries, this percentage rises to more than 92 and 95 percent in 2016 and 2017, respectively.

• In 2016 and 2017 combined there were a total of 877 use-of-force incidents involving physical force (2016-454 and 2017-423). The department received seven complaints from people who believed the force used in a particular incident was excessive. These cases were investigated by the internal affairs unit and presented to the City’s Police Civilian Internal Affairs Review Commission (PCIARC), which determined that the force used did not violate department policy in six of those cases.

• Physical force was not used by Saint Paul police officers in 99.98 percent of all the incidents to which they responded in 2016 and 2017. In cases where the subject was booked into jail, use of force resulted in approximately 3 to 4 percent of the incidents (three or four incidents for every 100 arrests made).

• Weaponless, non-injury causing techniques such as takedowns, control techniques and escort holds were the most common types of physical force used in both 2016 and 2017.

• More than 30 percent (37 percent in 2016 and 35 percent in 2017) of people on which force was used were not booked into jail following the incident in both 2016 and 2017. Physical force is often necessary as a control technique for persons in crisis or suffering from other medical conditions and officers resolved matters without booking into a jail facility.

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• Tables were created using raw data and errors exist • Race and gender is based on officers’ perceptions • Fields indicating “unknown” may be due to: – Data was only collected when a detention occurred – Technical errors – Lack of available information

INTRODUCTION

Report OverviewThe Saint Paul Police DepartmentCommitted to TransparancyUse-of-Force ComplaintsUse-of-Force ReportingUse-of-Force OversightUse-of-Force DataDepartment PoliciesUse-of Force Training

USE-OF-FORCE FINDINGS

Use-of-Force Incidents, Actions and PersonsNumber of IncidentsNumber of ActionsNumber of Officers Using ForceTypes of Physical ForceSubject BehaviorSubject InjuryTime and Location DataCall Types

DEMOGRAPHICS

Officers Who Use ForceSubjects of Physical Force

FIREARMS POINTING

OFFICER INVOLVED SHOOTINGS

4

444555667

8

8899910101112

13

1314

16

17

CONTENTS

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Report OverviewThis report is a first-of-its-kind description and analysis of incidents involving Saint Paul police officers who used force on persons with whom they had contact while providing police services.

Police use of force has become one of the most important national and local discussion topics among police departments and the communities they serve.

Chief Todd Axtell directed the publication of this report following numerous police/community meetings in 2018. The communities served by the Saint Paul Police Department made their voices heard clearly and they asked to know more about police use of force.

Until the publishing of this report, the Saint Paul Police Department has not previously reported, in detail, facts and circumstances of police use-of-force incidents.

This report provides summary data on all use-of-force incidents in 2016 and 2017 where any level of force was used above handcuffing an unresisting person. Saint Paul Police DepartmentThe Saint Paul Police Department (SPPD) was established in 1854 as the first police department in the State of Minnesota. There were 626 sworn police officers and 186 support staff in 2018. The department received tax funding in the amount of approximately $92 million and served a city of more than 300,000 residents.

The department formally adopted and launched a Body Worn Camera (BWC) program in 2018 requiring all sworn police officers to wear a BWC while providing police services. The department publishes quarterly reports on its BWC program, which can be viewed online on the department’s website: stpaul.gov/departments/police.

Committed to TransparencyChief Todd Axtell was appointed as the 41st Saint Paul Police Chief by then-Mayor Chris Coleman on June 23, 2016. Chief Axtell immediately committed the department to transparency and to engaging the public at historic levels. Since his appointment, the department has worked toward delivering on this assurance of increased transparency.

Chief Axtell and his administration released 15 years of traffic stop data in 2017. The data was collected based on a 2001 agreement between the Saint Paul NAACP and the SPPD, but the data was not previously published.

The department also published a website comparing programming, priorities and initiatives with President Barack Obama’s “Final Report on 21st Century Policing” and created an interactive online version of the police department policy manual for the public. Each of these initiatives included an online tool making it possible for members of the public to provide feedback to the department on its performance, policies and procedures.

INTRODUCTION

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Use-of-Force ComplaintsThe SPPD investigates all complaints against officers involving the use of police force. Complaints can be received from the public or initiated internally by the department.

There are many ways the public can make a complaint about police use of force. Complaints can be filed with several non-government groups that have partnered with the SPPD, with the City of Saint Paul Human Rights office or directly with the SPPD.

All investigated complaints regarding use of force are turned over to the Police Civilian Internal Affairs Review Commission (PCIARC). The PCIARC is a body of nine Saint Paul residents selected by the Mayor of Saint Paul and confirmed by a majority vote of the City Council.

The role of the PCIARC is to evaluate the complaint and the documented investigation and make recommendations to the chief of police on 1) whether the police action violated policy and 2) if so, what disciplinary action they believe is warranted.

The PCIARC is provided unrestricted access to all materials related to an incident. This includes all police reports and other documentation, audio and video evidence and all investigative documents and materials.

The below table represents complaint data and final outcome of complaints received in 2016 and 2017.

You can find a detailed account of all complaints filed against members of the police department at the below link: https://www.stpaul.gov/de-partments/human-rights-equal-economic-op-portunity.

Use-of-Force ReportingThe SPPD requires every officer to notify a supervisor and file a police report and a use-of-force report in each incident where they use force above un-resisted handcuffing.

A supervisor is required to respond to the location and interview both the officer and the subject. The supervisor evaluates the incident to ensure the force application and decision leading to the application were within department policy.

Use-of-Force OversightThe SPPD has established several oversight measures to ensure incidents involving police use of force meet all department expectations.

Beyond the initial response and inquiry of the front-line supervisor, unit commanders are required to review each incident where physical force was used within their command. These incidents are then presented and reviewed by the department’s use-of-force committee, whose members represent the senior leadership of each of the patrol districts and the training unit. The committee is chaired by the deputy chief of the operations division.

As a second measure of checks and balances, the department’s internal affairs unit also reviews use-of-force incidents for potential policy violations. Any possible policy violations are presented to the deputy chief of the operations division.

INTRODUCTION

FPO

5

EXCESSIVE FORCE COMPLAINTS 2016 2017

Complaints 7 0

Sustained 1 0

POLICY VIOLATION 1 0

Data reflects incident occurrence date and not the date of the filed complaint

Use-of-Force DataThroughout 2016 and 2017, the SPPD used a record management system (RMS) implemented in 2001. The functionality of this system met the record and data needs of the time in which it was designed.

In more recent years, there has been significant evolution to policing and the interest in understanding policing trends. The RMS used in 2016 and 2017 did not have the capacity to adequately collect or report on these evolving trends. Additionally, the legacy RMS has limitations in supporting this research and the collection and reporting of data.

The SPPD is in the process of building out and deploying a new RMS, which will go live in 2019. The new RMS will be designed to capture and report use-of-force data. The department has a goal of increasing the reporting frequency of use-of-force data to the public.

The data required for this reporting was collected from multiple sources and combined into one report. The reportable data is presented in a summary format.

The police incident data contained in police reports was recorded to accommodate any data requests made under the MN Government Data Practices Act related to this report.

Department PoliciesThe SPPD created a draft use-of-force policy in the spring of 2018 and posted this policy for the public to evaluate. The department also hosted several public meetings to discuss this draft policy so that the community subjected to the policy could weigh in. The department collected more than 100 feedback points and incorporated many of them.

The foundation of the revised policy was built on the principles within the articles of the United States Constitution, and both state and federal law. Policy development was also guided by President Obama’s “Final Report on 21st Century Policing.”

The revised policy captured many new elements not present in earlier policies. It includes more language focused on de-escalation and speaks specifically to when an officer can use deadly force.

The revised policy also places a greater emphasis on protecting the sanctity of life, de-escalation and includes guidelines to help officers determine the appropriate level of force based on observed behavior.

Updated in April, 2018, the new policy also contains a new visual model that illustrates levels of responses matched to subject actions.

The policy is online for the public to view and the online policy solicits electronic feedback from the public.

You can find the policy on the police department’s website, www.stpaul.gov/books/24600-officer-response-resistance.

The 2016 and 2017 use-of-force incidents reported in this document took place under the previous version of the policy. Changing trends resulting from the policy revision will be reported in a 2018 use-of-force report.

INTRODUCTION

6

Use-of-Force TrainingAt the time of hire, SPPD officers are eligible to be licensed by the State of Minnesota. They have a minimum of a two-year college degree and have successfully completed the Peace Officer Standards and Training (POST) required skills training.

SPPD officers begin their careers in a 16-week police academy where they receive approximately 100 hours of use-of-force training. After the police academy, officers receive quarterly use-of-force training in addition to annual in-service training.

Officers are required to demonstrate both understanding and proficiency of department policies and accepted practices. These include appropriate use-of-force techniques, firearms training, de-escalation, crisis intervention and other related topics.

Officer training places a heavy emphasis on using time and distance to de-escalate situations and using multiple officer tactics so fewer, potentially injury-causing, techniques are required.

As stated earlier in this report, officers are also taught to identify and recognize subject behaviors in order to determine appropriate responses.

INTRODUCTION

7

DID YOU KNOW...

Officer training places a heavy emphasis on using time and distance to de-escalate situations and using multiple officer tactics so fewer, potentially injury-causing, techniques are required.

USE-OF-FORCE INCIDENTSThere are several distinct ways to report use-of-force data that include the number of incidents the SPPD responded to where force was used, the number of force actions taken by officers, the number of officers who used force and the number of persons subjected to police force.

This report captures each of these areas for each year for the reader to evaluate. Visual representations were added to improve understanding of the data.

Number of IncidentsSaint Paul police officers responded to 269,799 calls for service in 2016 and physical force resulted in 458 of those incidents. This can be reduced to one physical use-of-force incident occurring in every 589 police interactions or 0.17 (17 one hundredths of a percent of the time) percent.

Officers responded to 300,610 calls for service in 2017 and physical force resulted in 423 of those incidents. This can be reduced to one physical use-of-force incident occurring in every 710 police incidents or 0.14 (14 one hundredths of a percent of the time) percent.

You can also compare the use-of-force incidents to interactions that resulted in either arrest or citation.

In 2016, there were 7,644 incidents where a subject was arrested and booked into jail. Of these incidents, 317 resulted in a use-of-force action. That equates to approximately 4 percent of the interactions.

In 2017, there were 8,248 incidents where a subject was arrested and booked into jail. Of these incidents, 295 resulted in a use-of-force action. That equates to approximately 3.5 percent of the interactions.


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DID YOU KNOW...

In 2017,Saint Paul police officers resolved 99.98 percent of all calls without using any physical force.

And in the 423 cases where force was used, 35% of the subjects of force were not arrested by officers.


Number of Officers Using ForceData about officers using force was collected and is depicted in two separate ways. The first chart shows the number of officers using force in each incident. Most of the incidents involved a single officer using force against a subject in both 2016 and 2017.

Types of Physical ForceThe SPPD collected data on the physical force techniques used by officers in both 2016 and 2017. There were 755 and 758 force actions in 2016 and 2017 respectively.

Most force actions involved control holds, escorts and taking a subject to the ground. Officers are trained to, whenever possible, control subjects using multiple-officer techniques rather than strikes or other potentially injury causing techniques.


OFFICERS USING FORCE IN EACH INCIDENT 2016 2017

1 officer 296 271

2 officers 116 106

3 officers 33 38

4 officers 7 6

5 or more officers 1 2

TOTAL INCIDENTS 453 423

NUMBER OF FORCE ACTIONSSPPD officers used and documented force in 755 physical use-of-force actions in 2016 and 758 in 2017. These incidents ranged from handcuffing a resisting person and control techniques up to physical strikes. The majority of force techniques was the use of control holds and escorts as depicted in the Use Of Force Types chart below.

USE OF FORCE TYPES 2016 2017

ASR 85 73

Body/Escort Hold 204 189

Canine 36 19

Body/Escort Hold Handcuff/Restraint 1 0

Impact Weapon ASP/Other 10 5

Leg/Knee Strike 64 48

Less Lethal 2 2

Multiple Officer Takedown 0 23

Pressure Points 11 9

Rear Sentry Takedown 18 15

Single Officer Takedown 0 38

Soft Empty Hands 116 152

Taser 43 45

Hard Empty Hand 56 33

TOTAL 755 758

Vehicle 1 0

Handcuff/Restraint w/Resistance 108 107

758

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Subject BehaviorOfficers often describe the actions and behavior of use-of-force subjects when reporting force incidents. A review of this data shows that subject behavior changed throughout the encounter. Subjects both escalated and deescalated through these events. The data, as reported by the officers, captures the subject’s behavior at the time the force option was used. Officers often noted several subject behaviors in a single incident.

Subject InjuryOfficers are required to report subject injury in each use-of-force incident, which is also evaluated by the responding supervisor. Also measured was the number of times a subject received treatment for injuries. Most cases showed the subject received either no injury or a minor injury. The department requires an injury be recorded if the subject complains of any pain even if no injury can be observed.


Active Resistance 321 315

Hard Hands 81 91

Biting 14 8

Fleeing 108 127

Verbal 126 163

Kicking 46 46

Spitting 15 17

Passive Resistance 143 148

Weapon 18 18


SUBJECT BEHAVIOR LISTED BY OFFICERS WHEN FORCE WAS USED 2016 2017

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INJURY DATA 2016 2017

Dog Bite 34 19

Laceration 3 1

Minor 75 82

None 388 348

Possible Internal 0 1


Major Injury 1 0

Unknown 0 2


Time and Location DataThe below tables depict data related to when and where force incidents occur.


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SCENE TYPES 2016 2017

Residential 164 135

Street 152 143

Commercial 52 22

Retail 41 45

Park 7 3

Government 5 4

Church 2 1

Hospital 0 7

Office/Commercial 0 19

Restaurant 0 1

Rec Center 1 3

School 10 15

Public Domain 19 25

GRAND TOTAL 453 423

MONTH 2016 2017

January 35 35

February 53 28

March 37 34

April 37 30

July 38 38

August 30 34

September 46 33

October 36 44

November 19 37

December 32 31

June 37 47

May 53 32

GRAND TOTAL 453 423

DAY OF WEEK 2016 2017

Monday 68 54

Tuesday 59 54

Wednesday 69 47

Thursday 73 53

Sunday 54 64

Saturday 62 77

Friday 69 74

GRAND TOTAL 453 423

TIME OF DAY 2016 2017

12 AM 31 15

1 AM 31 33

2 AM 21 16

3 AM 21 9

6 AM 3 11

7 AM 5 5

8 AM 5 10

9 AM 15 13

10 AM 17 16

11 AM 16 14

5 AM 4 7

4 AM 8 5

12 PM 18 16

1 PM 14 14

2 PM 13 24

3 PM 23 19

6 PM 27 24

7 PM 20 19

8 PM 32 35

9 PM 22 28

10 PM 26 28

11 PM 37 19

5 PM 24 21

4 PM 20 22

GRAND TOTAL 453 423

Call TypesThe data showed that a significant number of incidents where force was used did not result in the subject being arrested and taken to jail. There were several indicators in the data to support the belief that persons in crisis can be involved in use-of-force incidents. These types of incidents represented the third largest category of use-of-force incidents in both 2016 and 2017.


Burglary–No Forced Entry, Night, Residence, Occupied 1 0

Burglary–Possession of Burglary Tools 2 4

ORIGINAL CALL TYPE 2017

57

Auto or Vehicle Theft 18

16

Criminal Damage to Property 8 6

Domestic Assault/Family Matters 42 40

Drug Crimes 33 19

Driving Under the Influence 5 6

Fraud Related Crimes 7 3

Other Non-violent Crimes/Investigations 46 29

Obstructing a Legal Process 57 68

Disturbance Crimes 48 47

Death Investigations 0 4

2016

13

14

Non-Domestic Assault Crime 50

Burglary

9

Sex Offense 4

21

Traffic Violations/Accidents 8 5

Medical/Persons in Crisis 44 50

Assault–OOC Assist 12 8

Auto Theft–All Other Vehicles 2 1

Auto Theft–Automobile 5 9

Auto Theft–OOC, Stolen Recovered, Automobiles 5 5

Auto Theft–Tampering With an Auto 0 2

Weapons Calls 19 14

Warrants 19 21

1

21

Robbery 4

Theft Related Crimes

Auto Theft–Trucks 1 1

Burglary–Forced Entry, Night, Commercial 4 0

Burglary–Forced Entry, Night, Residence 2 2

Burglary–Forced Entry, Night, Residence, Occupied 4 3

Burglary–Forced Entry, Night, Garage 1 0

Burglary–No Forced Entry, Night, Residence 1 0

Burglary–Forced Entry, Day, Residence, Occupied 1 3

Burglary–Forced Entry, Day, Residence 0 2

4 4

12

TOTAL 423 453

DEMOGRAPHICS-OFFICERS WHO USE FORCE

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Years of ServiceMore than half of the use-of-force incidents in both calendar years involved employees with five years or fewer years of service. This number is expected as this portion of the workforce represents the bulk of the patrol force.

OFFICER RACE 2016 2017

Asian 58 85

Black 41 57

Hispanic 30 26

Native American 3 1

White 487 479Two Or More Races 43 33

TOTAL 662 681

OFFICER GENDER 2016 2017

Female 43 36

Male 619 645


FORCE INCIDENT BY POLICE DISTRICT 2016 2017

West 151 141

Central 140 162

East 162 119

OOC 0 1


OFFICERS WHO USE FORCEUnderstanding trends and patterns can assist the department in reducing use-of-force incidents.

Data was collected to understand the years of service, rank and gender of officers who use force.

YEARS OF SERVICE 2017

Fewer than 12 months 16 0

1 141 1

2 72 119

3 77 0

4 15 148

5 18 47

6 22 61

7 8 33

8 79 25

9 7 0

10 25 67

11 4 8

12 2 14

13 5 3

14 33 1

15 16 0

16 23 22

17 41 31

18 13 5

2016

19 6 22

20 12 27

21 6 6

22 6 15

23 5 0

24 0 13

25 0 2

26 5 0

27 2 0

28 0 6

29 2 5

31 1 0


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Subjects of ForceThe demographics of the subjects of force in both 2016 and 2017 were similar. Younger community members were proportionally more likely to be subjects of physical force with nearly 78 percent under 40 years old and 38 percent between 20 and 29 years old. African American males also made up the highest number of incidents totaling 203 and 170 in 2016 and 2017 respectively.

Subject Age DataThe youngest subject of force in either 2016 or 2017 was 10 years old, the oldest was 65 years.

Several use-of-force incidents involved people who were not taken into custody or identified. One scenario where this could occur might involve crowd control, where officers release chemical gas to regain order and the subjects fled or were not detained.

SUBJECT AGE DATA 2016 2017

10 to 14 20 23

15 to 17 34 61

18 to 19 43 25

20 to 29 189 161

30 to 39 108 96

40 to 49 42 42

50 to 59 24 24

60 and older 6 6

Unknown 35 15

TOTAL 501 453

SUBJECT DISPOSITION 2016 2017

Cited 38 34

Detox 2 3

Hospital 70 65

LEC 317 295

Released 40 37

Other 33 14

TOTAL 501 453

Other 1 5

SUBJECT RACE AND GENDER 2016 2017

ASIAN 27 33

Female 0 4

Male 27 29

BLACK 249 222

Female 46 52

Male 203 170

HISPANIC 34 41

Female 2 7

Male 32 34

NATIVE AMERICAN 4 11

Female 2 4

Male 2 7

UNKNOWN 34 17

Female 10 3

Male 22 14

WHITE 153 128

Female 30 23

Male 123 105

OTHER 0 1

Other 0 1

TOTAL 501 453

Unknown 2 0

DEMOGRAPHICS–SUBJECTS OF FORCE

DEMOGRAPHICS–SUBJECTS OF FORCE

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Many subjects of force were not arrested by the police officers who used force following the incident. Officers frequently turned juveniles over to their parents, assisted those in crisis to care facilities or found other remedies that best fit individual situations.

SUBJECT RESIDENT OF ST. PAUL 2016 2017

Non-Resident 97 86

Unknown 52 25

Unsheltered 50 46

St. Paul Resident 302 296

TOTAL 501 453

SUBJECT RACE 2016 2017

Asian 27 33

Black 249 222

Hispanic 34 41

Native American 4 11

White 153 128

Unknown 34 17

TOTAL 501 453

Other 0 1

DID YOU KNOW...

Most force actions involved control holds, escorts and taking a subject to the ground. Officers are trained to, whenever possible, control subjects using multiple-officer techniques rather than strikes or other potentially injury causing techniques.

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FIREARMS POINTING

FIREARMS POINTINGAlthough the pointing of a firearm is not a physical application of force, the SPPD does consider the action a reportable use of force.

Officers documented incidents where they pointed a firearm in the direction of another person. This did not include times when officers merely unholstered their firearm or carried it in the “low ready” position when subjects may have been present.

Firearms are used during times when officers are searching for potentially dangerous suspects of crimes who could be armed, when conducting high-risk felony traffic stops and other times when it is reasonable to effect the arrest of a subject.

Considerable training is provided to officers related to safe weapons handling. Officers are trained to not place their fingers inside the trigger guard of any weapon until a decision is made to discharge their firearm.

In 2016, officers pointed department issued weapons at subjects 457 times. Worth noting is that five officers discharged their firearms in 2016 in two incidents that are described later in this report.

In 2017, officers pointed department issued weapons at subjects 491 times. Worth noting is that four officers discharged their firearms in 2017 in two incidents which are also described later in this report.

The SPPD fully understands the serious impact of pointing a firearm at a subject, which is why the department chooses to document and review these incidents as reportable force incidents.

Monitoring firearm pointing is not an industry standard because many departments do not consider firearms pointing to be a reportable use of force. However, the SPPD monitors and reviews every instance of pointing a firearm at an individual.

There was less available data in these incidents as with the physical force data. Officers do not always identify all subjects when a firearm is pointed. An example is a scenario where an officer is searching an area and encounters several unrelated subjects. The officers often move past them to continue their search. Because the depth of the data, these incidents were reported separately from the physical force incidents.

CALLS FOR SERVICE

269,7992016300,6102017

FIREARMS POINTING INCIDENTS

45720164912017

PERCENTAGE OF INCIDENTS

0.17%20160.16%2017

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2016 Shooting IncidentsMay 9, 2016Subject: Jaffort SmithFour officers discharged firearms

Officers responded to a 911 call about a man with a gun. Officers located the 33-year-old man who was with a woman.

Officers saw the man shoot the woman in the head and then flee into a nearby yard where he fired at officers. Four officers returned fire and the man sustained fatal injuries.

The case was investigated by the Minnesota Bureau of Criminal Apprehension and presented to a Washington County Grand Jury, which determined the officers’ actions were lawful.

The investigation showed a 49-year-old woman was shot in the head by the handgun recovered near the man, Jaffort Smith. The woman survived her injury. The investigation alsoreported officers ordered Mr. Smith to drop the gun before being shot by officers.

May 26, 2016Subject: Eugene Smith IIIOne officer discharged firearm

Officers were at a residence in the 2100 block of Minnehaha Street and had two people under arrest outside the home. Continuing their investigation, officers entered the home and encountered a 29-year-old man when opening an interior bedroom door. The investigation showed the man was pointing a shotgun in the officer’s direction when the officer fired. The man sustained fatal injuries.

The Ramsey County Attorney reported the third-party investigation conducted by the Minnesota Bureau of Criminal Apprehension found the man, Eugene Smith, fired one round from a 20-gauge shotgun (having no serial number) in the direction of the officer.

The investigation also reported Mr. Smith was under the influence of methamphetamine and amphetamines and reported to his girlfriend about an hour before the shooting he was contemplating suicide.

A shotgun was located and recovered near Mr. Smith by investigators.

OFFICER INVOLVED SHOOTINGSNo officer ever wants to discharge their firearm while performing their duties.

The use of deadly force is life changing for officers and their families. Officers are also aware that these incidents are life changing for the subjects and their families.

Unfortunately, subjects will sometimes make decisions that require officers to respond with deadly force, such as discharging their firearm.

When this happens, the SPPD involves a third-party, independent investigator who investigates the officer’s action as a criminal matter. The investigation is then turned over to the Ramsey County Attorney. Following the criminal investigation, the SPPD conducts its own investigation to evaluate if the actions were in accordance with department policy.

In 2016 and 2017, the department experienced four officer involved shootings, with two in each calendar year. All were investigated by a third party and reviewed by a prosecutor or a grand jury who determined no laws were violated. Those incidents are briefly described:



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2017 Shooting IncidentsMarch 15, 2017Subject: Cordale HandyTwo officers discharged firearms

Officers responded to a 911 call in the 700 block of East Sixth Street where a woman was reported to be screaming for help. The woman was arguing with a 29-year-old who fired 16 rounds from a semi-auto handgun inside their apartment. Officers locat-ed the man outside and he pointed a gun in the direction of one of the officers after being told to drop the gun. Two officers fired at the man who sustained fatal injuries.

The Ramsey County Attorney reported the third-party investigation conducted by the Minnesota Bureau of Criminal Apprehension determined the man, Cordale Handy, in fact fired 16 shots inside the building and was under the influence of both drugs and alcohol.

The investigation also reported Mr. Handy did not drop the firearm when ordered by officers and he raised an unloaded firearm in the direction of one of the officers causing both officers to fire their handguns.

A handgun was located and recovered near Mr. Handy by investigators.

October 5, 2017Subject: Phumee LeeTwo officers discharged firearms

Officers responded to a 911 call in the Dayton’s Bluff neighborhood where a woman reported a man held her and her three young children hostage. She also reported the man fired a handgun in her direction.

Officers located a 28-year-old man who fired a handgun in their direction when confronted. Two officers fired at the man who sustained fatal injuries.

The Ramsey County Attorney reported the third-party investigation conducted by the Minnesota Bureau of Criminal Apprehension found the man, Phumee Lee, was under the influence of both drugs and alcohol, terrorized his girlfriend and their three young children for two days, threatened to kill them and fired a handgun in their direction.

Video of the officer involved shooting shows Mr. Lee walking in the direction of officers “slightly raising his hands” and then is seen quickly reaching into his pants pocket and retrieving an object. Officers can be heard yelling “drop it” and the video clearly shows a flash emanate from the object held by Mr. Lee.

There was a .38-caliber revolver located and recovered near Mr. Lee by investigators.

fy-2016 fy-2017 - saint paul, minnesota · fy-2016 fy-2017 chief todd axtell st. paul police...

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